Judgment :-

We have heard Mr. Avijit Roy, learned counsel for the petitioner-State of Assam as well as Mr. Jayant Bhushan, learned senior counsel appearing for the respondent at length. Mr. Jayant Bhushan has raised a preliminary objection to the maintainability of the special leave petition.

The petitioner herein has challenged the order passed by the Division Bench of the Gauhati High Court dated 26th February, 2010 dismissing the review petition filed by the petitioner seeking review of the judgment and order dated 20th November, 2007 rendered in Writ Appeal No. 279 of 2007. The Division Bench has dismissed the review petition on the ground that in substance, the applicant seeks rehearing of Writ Appeal No. 279 of 2007 on the basis of certain facts, which were not brought to the notice of the Court at the time of hearing of the appeal.

It is not disputed before us that judgment and order dated 20th November, 2007 passed in Writ Appeal No. 279 of 2007 was not challenged by way of a special leave petition before this Court. In fact, the aforesaid judgment and order is not even challenged in the present special leave petition. Therefore, the special leave petition is restricted in its